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Obstetrical Malpractice

The birth of a child is meant to be a joyful time for a family. After a long nine-month pregnancy full of anticipation and excitement, a new life is expected to enter the world. Mothers take many steps to help ensure the health and well-being of their child, including regular visits with their obstetrician, family doctor or midwife, and routine tests designed to check for fetal well-being. Mothers expect these tests to be conducted thoroughly and effectively, both in the hospital or doctor’s office and in the medical laboratory, and come to rely upon their health care practitioner to guide them through a safe pregnancy and a safe delivery. During this sensitive and vulnerable time, trust is of the utmost importance.

Should that trust be violated in any way, a medical malpractice lawyer of Neinstein will guide you and your loved ones through the legal proceedings during this delicate, and difficult time.

Unfortunately, complications can and do occur. These complications can occur during pregnancy, during the labour and delivery process, or even in the hours and days following an otherwise uneventful delivery. Some common birth injuries are minor and do not result in any long-term harm, while other complications can, unfortunately, have significant long-term consequences in the form of various types of birth injuries, such as brain injury or even death. Some errors in the medical laboratory and in the delivery room are preventable, and so is the birth trauma in babies caused by these errors. These cases may constitute obstetrical malpractice.

Obstetrical malpractice is a specialized area of law, just as obstetrics is a specialized area of medicine. So, it is no surprise that obstetrical malpractice cases can be among the most complex cases to investigate and prosecute.They require an in-depth knowledge of all aspects of obstetrical malpractice and obstetrical medicine, such as fetal heart monitoring, the relevant guidelines and literature concerning monitoring and delivery, and the meaning and interpretation of brain imaging and umbilical cord blood gas analysis. The birth injury lawyers at Neinstein LLP have the knowledge needed to answer the question of whether or not you have a case for an obstetrical malpractice claim, and the wherewithal to pursue any required legal action at no upfront cost to you.

The birth trauma lawyers of Neinstein LLP have established ourselves as leaders among medical malpractice law firms through years of experience dealing with  obstetrical malpractice and other specialized areas in the field, including:

  • Birth asphyxia (hypoxic ischemic encephalopathy), which can cause your baby to later have seizures, multiple organ problems, and additional long-terms effects including motor disorders and developmental and speech delays;
  • Cerebral palsy, children with which may need full-time care for the entirety of their lives;
  • Brachial plexus injuries, can lead to loss of function and sensation of arms or hands;
  • Children that suffer a neonatal stroke may later develop other conditions, including cerebral palsy; and
  • Anoxic brain injury at birth may also cause cerebral palsy, and can also cause lung disease, heart disease, pneumonia, and asthma.

In these and other cases, it is possible that your child may require the attention of medical specialists, nurses, nutritionists, therapists, psychologists, and educators. Many mothers are working parents and are on leave from work for the time they are expecting their new baby, and are now faced with significant and unexpected expenses, including travel costs to attend appointments with specialists, paying for additional or full time care, and in many cases, loss of personal income due to the additional time required to properly care for their child.

As medical malpractice lawyers and birth injury lawyers at Neinstein LLP, we understand the added pressure these additional expenses can incur, which is why we have made it our mission to get you and your family immediate and direct access to all required amenities. We will work diligently to ensure you receive the proper compensation for your obstetrical malpractice or birth injury claim, and do not burden our clients with the typical upfront costs often associated with medical malpractice law firms.

It can be very difficult to quantify or calculate the cost of the care your child needs now or in the years to follow. There are several factors to consider. As your birth injury lawyers, we will endeavour to litigate your birth injury claim vigilantly to ensure that you are compensated fairly so you can provided your injured child with the care he or she needs. Every parent wants to provide a good life to his or her child, and to do so for a child that is the centre of a birth injury claim can be quite costly. We at Neinstein LLP are a team of devoted birth trauma attorneys with over 45 years of experience with the litigation of medical malpractice claims. As medical malpractice lawyers, birth injury attorneys are knowledgeable, skilled, and practiced in investigating medical malpractice claims, litigating medical malpractice claims, and succeeding in securing what their clients need to afford proper care for their injured child.

In the unfortunate case where you or your child were injured during or after birth, you may have the right to pursue an obstetrical malpractice claim, a type of medical malpractice, against the hospital and/or the staff who treated you.

At Neinstein, we are proud to service all Ontarians in the field of medical malpractice.  Call our office toll free at 1-844-920-4242 or complete our online contact form to setup a free, no obligation consultation with an experienced birth injury lawyer

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Neinstein’s Medical Malpractice team is a highly-specialized, focused group of lawyers ensuring your ultimate care and success.

Childbirth is a cherished memory for most parents, the beginning of the uniquely joyful experience of raising a family. But even in advanced nations like Canada, childbirth carries risks. For the small group of parents and children who experience serious birthing injuries caused by medical error, childbirth can be a painful experience that produces lasting physical and emotional challenges. In some cases, an experienced obstetrical malpractice lawyer can help these individuals access compensation for the injuries they have suffered.

Forms of Birthing Injury

Birthing injuries, in general, are relatively common – your baby’s minor scrapes, bumps, and bruises are nothing to be concerned about. Even slightly more serious injuries are likely to heal over time and produce no long-term effects.

Unfortunately, some birthing injuries have serious, potentially life-altering consequences, including Hypoxic Ischemic Encephalopathy (HIE), shoulder dystocia, and perinatal strokes.

Hypoxic Ischemic Encephalopathy (HIE)

HIE occurs when an infant’s brain doesn’t receive enough blood or oxygen. It is considered a brain injury and is one of the leading causes of infant deaths in the United States; it may also cause impairments in survivors. Some possible long-term effects of HIE include cerebral palsy, epilepsy, hearing and vision impairments, cognitive impairment, and problems with physical coordination.

Shoulder Dystocia

Shoulder dystocia is a form of obstructed labour that occurs when, after the infant’s head is delivered, the anterior shoulder cannot pass or has difficulty passing the pubic symphysis. Present in up to 1 per cent of births, shoulder dystocia can be fatal to the child – however, it more commonly results in damage to the brachial plexus nerves, which can cause klumpke paralysis, Erb’s palsy, fetal hypoxia, and cerebral palsy.

Perinatal Stroke

A perinatal stroke is a stroke occurring in a fetus or infant at any time from the middle of pregnancy through the first month of life. Symptoms of this brain injury vary widely but may include epilepsy, vision issues, learning and language development issues, and motor issues.

HIE, shoulder dystocia, and perinatal strokes most often occur naturally, but in some cases, they can be caused by the error or omission of a healthcare professional. When a mother or child is injured by medical error, an Ontario obstetrical malpractice lawyer may be able to help them access compensation.

Has Obstetrical Malpractice Occurred?

Throughout their pregnancies and right up to the moment of delivery, expectant mothers put their trust in highly-trained medical professionals. The family doctors, gynecologists, obstetricians, and midwives who help women through their pregnancies owe their patients a certain standard of care.

If a mother or child suffers an injury during childbirth that is caused by the negligence or omission of a hospital, doctor, or other healthcare professional, obstetrical malpractice may have occurred.

Next Steps

Obstetrical malpractice is a specialized area of law, just as obstetrics is a specialized area of medicine. Like other forms of medical malpractice claims, lawsuits alleging obstetrical malpractice are complex, costly, and may take years to successfully resolve.

If you believe that your birthing injuries were caused by obstetrical malpractice, you should immediately contact an experienced team of medical malpractice lawyers. Gather as much evidence and documentation as you can and arrange for a consultation – the obstetrical malpractice lawyers assigned to your case can help you understand your legal options and assess the viability of your claim. They may also provide access to medical or rehabilitative services to facilitate your recovery.

Contact Neinstein Personal Injury Lawyers

If you, your child, or a member of your family has suffered a birthing injury caused by medical error, contact the Ontario obstetrical malpractice lawyers at Neinstein Personal Injury Lawyers to learn how we can help. Neinstein’s Medical Malpractice Group can be reached by phone at 1-844-920-4242, by email at, or through the free consultation form on our Contact Us page. You can also utilize the Live Chat function at the bottom right hand corner of this screen.

At Neinstein Personal Injury Lawyers, your well-being comes first. Call today to take your first steps to recovery.

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